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Questions Answered by Rodney John Alberto
1 Answer | Asked in Immigration Law for California on
Q: At the age 19 can i start to apply for papers for my parents?
Rodney John Alberto
Rodney John Alberto
answered on May 5, 2011

No, you must wait until you are 21. However, if your parents entered without inspection, then you will have to file for a waiver for them, and they may have to process their application through Mexico. If you need further assistance, let me know. I offer a free consultation. Rodney Alberto,... Read more »

1 Answer | Asked in Bankruptcy for New Jersey on
Q: I just added my electric co. account to my chapter 7 filing. How do i inform the elec. co so they don't shut off my elec
Rodney John Alberto
Rodney John Alberto
answered on May 5, 2011

When you file, the application fee will cover notice mailings. However, you should simply call them and let them know. Rodney Alberto, Esq. www.albertobrothers.com, 732-200-0779

1 Answer | Asked in Estate Planning for Hawaii on
Q: How long does it take for a title to changeover from my deceased parents who left the properties over to s children and
Rodney John Alberto
Rodney John Alberto
answered on May 5, 2011

When a person dies, generally, title doesn't pass automatically. The legal entity that takes over for the deceased person, that is, their "estate" must actually deed the property over to you. The person that does this is the executor. If this hasn't been done, you should hire... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: I have an annuity. can I get a mortgage with the backup of an annuity...I really don't want to spend it. thanks
Rodney John Alberto
Rodney John Alberto
answered on May 5, 2011

Is this your only form of income? It appears you are not taking any distributions from it. As long as your other sources of income show that you have financial ability to pay the mortgage, the bank may approve it. But if you are asking whether the bank will take a security interest in your... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: If i shoplifted and paid fine and no police were called can i enter america again?
Rodney John Alberto
Rodney John Alberto
answered on May 5, 2011

There is a possibility that your offense / conviction may be regarded as a petty offense, which may allow you to reenter, but this requires that I review your conviction disposition and that you have only this one crime on your record. If you are out of the country, you will need to make a special... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: I arrived in USA with a tourist visa in 2002, overstayed that visa, married a USA Citizen, and traveled abroad with

A parole, the USCIS denied my I485, and I never had my I130 approved; because of my overstayed and travel abroad.

I received NOA I, and the judge gave me the second one, I failed the Court date and left USA.

Now I'm in Brazil.

My husband filed again the I130 petition... Read more »

Rodney John Alberto
Rodney John Alberto
answered on May 5, 2011

Well, it does appear you were deported in absentia. Did you ever receive notice of the appearance requirement? If not, you may be able to make a motion to reopen. Or, did you come to the court date, and you got deported? Usually, you need to wait ten years after an order of deportation, but... Read more »

1 Answer | Asked in Immigration Law for Kansas on
Q: After a 3 year supervised deportation , where do I start to get my husband back in the country??
Rodney John Alberto
Rodney John Alberto
answered on May 5, 2011

When you say "supervised deportation" does this just mean your husband was deported? or, did he "voluntarily depart"? if he was deported, he may have to wait ten years to come back, but you may be able to apply for a waiver of this. I would need to verify with further... Read more »

1 Answer | Asked in Immigration Law for Nevada on
Q: HELLO I HAD A QUESTION CONCERNING ABOUT FIANCE VISAS? WHICH WOULD BE THE FORM I 129F FORM

I WOULD LIKE TO KNOW

ON THE VISA FORM IT SAYS TO PROVIDE EVIDENCE THAT YOU HAVE MET IN PERSON OR IF YOU HAVE NEVER MET WITHIN THE LAST TWO YEARS PROVIDE A DETAILED EXPLANATION OF EXTREME HARDSHIP OR CULTURAL OR SOCIAL PRACTICES THAT PROHIBITED YOUR MEETING. SO I WOULD LIKE TO KNOW IF MY... Read more »

Rodney John Alberto
Rodney John Alberto
answered on May 5, 2011

This really depends on the nature of the restriction - in your position, I would cite directly to the "Religious rule" from the sacred text or other acknowledged custom that prevents meetings in person, or some other credible source that indicates arranged marriages without prior meetings... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: I would like to wholesale properties in NJ & PA. Is it legal to offer a referral fee for for finding a property for me?
Rodney John Alberto
Rodney John Alberto
answered on May 4, 2011

When you say, "wholesale property" does that mean you would want to purchase the property or sell a bunch of properties? I do not believe it would be illegal to offer a referral fee, but the issue is, is how closely the people you are paying job description look like a real estate... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: I have a very complex issue regarding my row home, & damage to my property What kind of lawyer should I consult with?
Rodney John Alberto
Rodney John Alberto
answered on May 4, 2011

It really depends on how the damage originated - is it an insurance issue? Or, did the damage result from a contractor? Either way, if you are looking to sue someone, then a litigation attorney would be best. You can reach out to me for a free consultation if you'd like to speak briefly or... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Are 6 month leases allowed a 3 day attorney review period?
Rodney John Alberto
Rodney John Alberto
answered on May 4, 2011

Any lease that was originated by a broker's attorney should be allowed a 3 day attorney review period. however, if it was created by a lawyer, that probably not.

1 Answer | Asked in Immigration Law for South Carolina on
Q: Can an illegal immigrant from another country have his name legally changed in the USA? What documents would he need?
Rodney John Alberto
Rodney John Alberto
answered on May 4, 2011

Yes, you can usually do this. while I practice in New Jersey, I'm sure South Carolina has a procedure for a "name change." This is usually done through the court system. You usually have to provide proof of your identity, and also make notice in the papers. You must be sure to do... Read more »

1 Answer | Asked in Immigration Law for California on
Q: When filing for a petition for cancelation of deportation, what is the process
Rodney John Alberto
Rodney John Alberto
answered on May 4, 2011

Sir, this is a very difficult and complex process that requires that you need to be in immigration proceedings. You need to receive a notice to appear in immmigration court. Only certain illegal aliens that have been here for ten years or legal residents who have been here for five years can... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: How can i get permision for work in NY ?

I am JORDANIAN Man , i came to USA as visitor since 9 months ,i got married with American woman here in NY, How can i get permission for work?

Rodney John Alberto
Rodney John Alberto
answered on May 4, 2011

Hello sir. You need to have your wife perform a legal immigration procedure so that you can become a legal resident of the United States. This will also require a concurrent application for a green card, along with a request to work. I hope this helps. Atty. Rodney Alberto, Esq. 732-200-0779,... Read more »

1 Answer | Asked in Immigration Law for Florida on
Q: What if a persons work permit is suspended due to the mistake caused by us immigration officer
Rodney John Alberto
Rodney John Alberto
answered on May 4, 2011

Please supplement your question - what is the nature of the work permit, and what is the nature of the mistake? And, have they issued a request for further evidence. In this type of situation, you may need the knowledge of an immigration attorney to get your bearings on the situation. good luck.... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: If there is no quorum for a Home Owners Association election for Board Directors, what is the ruling?
Rodney John Alberto
Rodney John Alberto
answered on Apr 28, 2011

did you review the bylaws of the homeowner's association? generally, where there is no quorum, there is no jurisdiction to act. the ruling could be challenged for lack of quorum. you need to review the minutes and/or the resolution of the board.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: How can I donate a piece of land to my nephew and have it placed in his name? He is 7 years old.
Rodney John Alberto
Rodney John Alberto
answered on Apr 28, 2011

I would create a living trust, make him the beneficiary of the trust that can be given to him when he is of age or when you die. You can also make this an irrevocable trust, if you are doing this to lessen your net worth. Rodney Alberto, Esq. www.albertobrothers.com

1 Answer | Asked in Real Estate Law for New Jersey on
Q: 40:55D-68. Nonconforming structures and uses states "..restored or repaired in partial destruction." what happens

40:55D-68. Nonconforming structures and uses states "..restored or repaired in partial destruction." what happens in the event of complete destruction?

Rodney John Alberto
Rodney John Alberto
answered on Apr 28, 2011

complete destruction could result in the abandonment of the noncomforming preexisting structure. however, you may be able to get a zoning permit to rebuild if you did it in advance of the destruction. if you put the town on use of the destruction with the intention to rebuild, you may be able to... Read more »

1 Answer | Asked in Immigration Law for Texas on
Q: Do I need an immigration lawyer?

I am a teacher but do not have a workers visa. Do I need an immigration lawyer or how can I request a visa?

Rodney John Alberto
Rodney John Alberto
answered on Apr 28, 2011

this is difficult, because you are not giving much details. However, an immigration attorney will probably help you in this scenario, because the application you need to make most employment based immigration benefits can be very complicated, with alot of notice requirements. immigration... Read more »

2 Answers | Asked in Immigration Law for Texas on
Q: Is it possible under the Visa Waiver Program to extend stay in US longer than 90 days?
Rodney John Alberto
Rodney John Alberto
answered on Apr 28, 2011

No, it is not possible to extend status on the visa waiver program. If you want a longer time period, you would need to apply for a visa at your consulate.

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